Albright, Stoddard, Warnick & Albright Southern Nevada’s Trusted Law Firm For Business Law And Civil Litigation 2026-07-07T17:11:58Z https://www.albrightstoddard.com/feed/atom/ WordPress /wp-content/uploads/sites/1502393/2021/09/cropped-as-site-icon-32x32.png by Albright, Stoddard, Warnick & Albright <![CDATA[How Nevada courts decide breach of contract claims]]> https://www.albrightstoddard.com/?p=50082 2026-07-07T17:11:58Z 2026-07-07T16:49:10Z An enforceable contract must exist before a claim can begin A breach of contract claim requires a legally valid contract. The agreement must include an offer, acceptance, consideration and clear terms accepted by both parties. Consideration means each party gives and receives something of value, such as money, goods or services. Under Nevada law, written and verbal contracts may be legally enforceable when they satisfy these requirements. Determining whether a contract is legally enforceable often requires careful legal analysis. An attorney can evaluate the agreement, review the available evidence and determine whether the claim has a solid legal basis before litigation begins.

Nevada law requires proof of an actual breach

Nevada law requires proof that one side failed to meet its contract duties. The claimant must also show it met its own duties or had a valid legal reason for not doing so. A person or business that broke the contract first usually cannot bring a claim. Courts also decide if the breach was material. A material breach affects the contract's main purpose, while a minor breach usually does not.

A strong claim depends on evidence and proof of financial loss

A breach of contract claim requires more than proving that a contract was broken. Nevada law also requires proof that the breach caused real financial loss. Evidence that can support a breach of contract claim includes:
  • Proving financial harm: The loss must be real and directly linked to the breach.
  • Presenting strong evidence: Contracts, invoices, receipts, emails and other records can help prove the breach and its financial impact.
  • Highlighting foreseeable damages: The financial loss must be a natural result of the breach.
  • Possible financial recovery: Courts may award damages to help restore the injured party to the financial position they would likely have been in if the contract had been honored.
An experienced attorney can help collect evidence, prove damages and build a stronger legal claim.

Plan the next step

A contract is more than a written agreement. Nevada law expects both parties to act fairly and not interfere with the purpose of the contract. An experienced attorney can review the dispute, explain the legal options and help protect important rights.  ]]> On Behalf of Albright, Stoddard, Warnick & Albright <![CDATA[How long should noncompetes remain in effect after a separation?]]> https://www.albrightstoddard.com/?p=50080 2026-07-03T12:36:40Z 2026-07-03T12:36:40Z Agreements should have a limited life span For the Nevada civil courts to consider a noncompete agreement or similar restrictive covenant valid, the agreement must have limitations built into its scope. Frequently, companies must limit noncompetes so that they only apply to a specific geographic area. Additionally, they must include language limiting how long they can enforce the agreement. Most of the time, there is an expectation that noncompetes should only remain in effect for a year at most. The countdown for the end of the enforcement period usually begins when a work relationship ends, not when the worker signs the contract. There may be exceptions in cases involving business partners who accepted a buyout with a non-compete when exiting a company. Employers may need to evaluate the initial contract, the timing of the competition and other details about the situation to determine if enforcing a non-compete is a realistic expectation. Reviewing documentation with a contract lawyer can help business leaders determine if they can take action over the violation of a noncompete agreement.]]> On Behalf of Albright, Stoddard, Warnick & Albright <![CDATA[Mistakes during business formation compromise liability protections]]> https://www.albrightstoddard.com/?p=50079 2026-07-01T15:36:06Z 2026-07-01T15:36:06Z Mistakes can reduce legal protection Consistent adherence to business regulations protects an entrepreneur by establishing a clear separation between them and the business. People can enhance those protections with insurance coverage, contracts and even outsourcing of certain obligations to contractors and other companies. If a business ends up failing and owing debt after it fails or if outside parties fell lawsuits against the company due to unsafe products or services, owners usually have legal protection created by the formal structure of their business. However, that protection is not absolute. Plaintiffs and creditors can ask the courts to hold individual owners responsible in cases where there is proof of regulatory non-compliance, financial commingling and other serious issues, possibly in the early stages of business formation. The best way to protect against personal liability is to ensure the complete separation of personal interests from business interests and consistent adherence to the law. Entrepreneurs typically need legal guidance when starting a company, regardless of the type of structure they choose or the industry in which they operate. Working with a lawyer when starting a new business can reduce the likelihood of an owner facing liability in the future.]]> On Behalf of Albright, Stoddard, Warnick & Albright <![CDATA[Has cancel culture come for your employee?]]> https://www.albrightstoddard.com/?p=50077 2026-06-24T07:19:14Z 2026-06-24T07:19:14Z If you are a Las Vegas business owner, you realize the importance of social media in promoting your company and its offerings. Naturally, you want them displayed in the best light possible at all times. But that can all come crashing down if one of your employees finds themself at the business end of cancel culture.

What it is (and what that can mean)

Cancel culture is a by-product of social media and typically stems from an employee going viral and behaving badly on camera. The post gets shared and reshared exponentially, putting their bad behaviors not just in the spotlight but under a microscopic lens for the world to see. When that happens, companies get put on blast by social justice warriors eager to expose the bad behaviors workers displayed to their employers.

Mob justice or crisis management?

When a video goes viral, the consequences can be swift — and severe. Viewers can learn the name, address and employment status of the subject of the video within hours of the video going viral. When that information is published online, companies get inundated with phone calls, emails and often one-star Google reviews due to one employee’s egregious lapse of judgment. It then forces companies to reckon with the problem employee and prevent any further tarnish to taint their company and brand.

What business owners need to know

Having a strong social media presence for your brand means that, ideally, you will also have just as strong a social media policy in effect for your workforce. What that policy entails is up to the company, but all employees should be made aware of any negative consequences that run afoul of the company policy. If you find yourself in a cancel culture situation, seek guidance from a legal professional to mitigate the fallout you might face  ]]> On Behalf of Albright, Stoddard, Warnick & Albright <![CDATA[Are owners liable for injuries on business property?]]> https://www.albrightstoddard.com/?p=50076 2026-06-21T09:44:06Z 2026-06-21T09:44:06Z Yes, as a business owner, you may be liable for injuries that happen on your commercial property. It is very important to understand this liability and the steps you can take to respond to potential litigation. That said, you are not necessarily responsible for every single accident that happens on the property or every person who gets injured. There are a few different issues to keep in mind that could create this liability.

The owner created the hazard

First of all, you may be liable if you created a dangerous condition or a hazard. An example would be if you constructed a staircase but failed to install the proper banisters or built the staircase at a slope that was not in line with building code requirements. If someone slipped and fell, you could be responsible.

The owner failed to fix the hazard

Next, if there is a hazard on the property that you failed to rectify, then you may be responsible, even if you did not create it. For instance, maybe there is torn carpeting at the top of the stairs that creates a significant tripping hazard. If you simply ignored the danger and did not replace the carpet, you could be liable if someone trips and falls.

The owner should have known the hazard existed

Finally, you may claim that you did not know there was a hazardous condition to begin with, so you could not fix it. You may still be liable if it existed for so long that you should have known about it. By failing to properly inspect your property, you could be accused of negligence. If you are facing an injury claim, it can have a major impact on your business financially, and on your company's reputation. Be sure you know exactly what legal steps to take.  ]]> On Behalf of Albright, Stoddard, Warnick & Albright <![CDATA[When can a court deny specific performance as a remedy?]]> https://www.albrightstoddard.com/?p=50075 2026-06-15T15:51:04Z 2026-06-15T15:51:04Z A broken contract leaves you with choices. You can ask for money, or you can ask the other side to do exactly what they promised. That second option is called specific performance. It sounds like the ideal fix, yet courts do not grant it freely. Knowing when a judge might say no helps you plan a smarter response when a deal falls apart.

What specific performance means

Specific performance is a court order that requires someone to carry out the duties they agreed to in a contract. Rather than handing you a payment, the judge directs the other party to follow through on the deal. This often comes up with rare items, real estate or assets that have no clear replacement.

Money damages may be enough

Courts lean toward the easiest solution. If a cash award can fully cover your loss, a judge will likely choose that route. This applies when you can buy the same goods or hire the same service elsewhere. Specific performance is saved for moments when money cannot truly repair the harm, such as a one-of-a-kind property.

Unclear contract terms

A judge cannot force someone to perform vague duties. If your agreement leaves major obligations open to guessing, the court has nothing solid to enforce. Detailed, well-written contracts protect you here. The more precise your terms, the stronger your request becomes.

Unfair conduct or unfair terms

Fairness carries real weight in these decisions. A court may refuse the remedy if the deal heavily favors one side or came from pressure. The same goes for a party that acted dishonestly or ignored its own promises. You cannot demand strict performance from others while skipping your end of the bargain.

Ongoing supervision problems

Judges avoid orders that would force them to watch a relationship for months or years. A long-term service deal that needs constant checking is a common example. Understanding specific performance denial helps you set realistic expectations before a problem grows. If you are dealing with Nevada contract disputes, you should seek legal guidance early. The right guidance protects your interests and points you toward the strongest path forward.]]> On Behalf of Albright, Stoddard, Warnick & Albright <![CDATA[3 things entrepreneurs should check before signing a contract]]> https://www.albrightstoddard.com/?p=50074 2026-06-11T10:33:49Z 2026-06-11T10:33:49Z Entrepreneurs often encounter contracts that cover various aspects of running a business. These can be a lease for a building, a supplier agreement or a licensing deal. Regardless of the reason for the contract, it’s critical that the entrepreneur fully understands the terms of the contract before they sign it.  There’s sometimes pressure to move quickly when presented with these contracts, so they should take the time to read through the fine print. One of the most important steps for the entrepreneur to take is to take the time to read through the entire contract line by line. 

1: Scope of the contract

The scope of the contract includes all the information about what’s expected from the parties in the contract. For example, it can discuss the exact specifications for a series of social media posts or for remodeling a bathroom. The scope should be comprehensive and clearly outline as much of the project as possible.

2: Payment terms

Payment terms are important because they spell out when each payment is due. This can be set up on a set schedule or it may be tied to specific performance milestones. It should also discuss what happens if payments aren’t made on time and how payments will be handled if the project is delayed or not successfully completed. 

3: Non-performance clauses

Non-performance clauses cover a wide range of issues. These terms outline what’s considered a breach of the contract and what situations aren’t a breach of contract. For example, a force majeure clause would forgive non-perforamance for specific reasons listed in the clause.  In some cases, contracts can be complex, so entrepreneurs should work with someone who can assist with determining if the terms of the contract are in the best interest of the business. Careful review may help the entrepreneur to identify hidden obligations before they become significant operational challenges for the company.   ]]> On Behalf of Albright, Stoddard, Warnick & Albright <![CDATA[Why handshake deals can become business nightmares]]> https://www.albrightstoddard.com/?p=50050 2026-05-29T08:11:47Z 2026-05-29T08:11:46Z Handshake agreements are common in the business world. Many partnerships, vendor relationships and client arrangements begin with trust, shared goals and a simple verbal promise. At first, informal agreements may seem easier and faster than drafting formal contracts. Unfortunately, when expectations change or money becomes involved, these same agreements can quickly lead to serious disputes.

When business relationships rely on verbal promises

Disputes over handshake deals usually start small. One party believes certain terms were agreed to, while the other recalls something entirely different. Without written documentation, even basic details like pricing, timelines or scope of work can become difficult to prove. These misunderstandings can strain partnerships and quickly escalate into costly conflicts. Informal agreements can also create confusion about responsibilities and expectations. A vendor may believe certain services were included, while the client expected additional work at no extra cost. Business partners may disagree about profit sharing, ownership interests or decision-making authority. Even strong professional relationships can deteriorate when there is no clear documentation to rely on. Additionally, certain agreements must be in writing to be enforceable under the Statute of Frauds. Verbal contracts in these categories are not automatically void, but they may be voidable and difficult to enforce if challenged. Common examples include: 
  • Real estate sales
  • Agreements to pay someone else’s debts
  • Contracts that take longer than one year to complete
  • Real estate leases for longer than one year
  • Contracts for over $500 
  • Contracts that will last longer than the life of the party performing the contract
  • A transfer of personal property at the death of the party performing the contract
These disputes often become more serious as businesses grow. A small misunderstanding can lead to delayed payments, damaged reputations or even litigation. In some situations, courts may recognize verbal agreements, but proving the details of those arrangements can still be challenging. Written contracts help reduce uncertainty by clearly outlining terms, deadlines, responsibilities and procedures for resolving disputes before they escalate. Even when a verbal agreement is legally recognized, enforcement often depends on evidence such as messages, witnesses or partial performance. That uncertainty can leave businesses exposed to serious financial loss. Seeking legal guidance from an experienced professional can help remove uncertainty and pave the way towards a more secure financial future.  ]]> On Behalf of Albright, Stoddard, Warnick & Albright <![CDATA[Key legal issues in mergers and acquisitions]]> https://www.albrightstoddard.com/?p=50049 2026-05-28T18:46:09Z 2026-05-28T18:46:09Z Due diligence is vital Due diligence is one of the most critical aspects of any merger or acquisition. Buyers must carefully evaluate the target company's legal, operational and financial condition before moving forward. This process often requires reviewing:
  • Financial statements and tax records
  • Existing contracts and lease agreements
  • Employee agreements and benefit plans
  • Pending or threatened litigation
  • Intellectual property ownership
  • Regulatory compliance issues
  • Governance documents
Failing to conduct due diligence can lead to costly surprises after the transaction closes. Mergers and acquisitions often create uncertainty for employees. Business owners want to handle any employment-related issue carefully. Poor handling of workforce transitions can lead to morale issues, operational disruptions or legal claims. Representations and warranties are also critical provisions in merger and acquisition agreements. These statements allow the seller to confirm certain facts about the business, including financial accuracy, legal compliance and ownership of assets. If these representations later prove false, the buyer may have legal remedies available.

Preventing issues after the transaction

Even after a transaction closes, disputes can still arise. A well-drafted agreement should clearly address how these will be resolved. Addressing dispute resolution up front can reduce uncertainty later. Mergers and acquisitions involve far more than just signing an agreement. These transactions require a thorough review to identify risks and structure the deal effectively. Working with an experienced legal representative can help ensure that critical issues are addressed before they become costly problems.]]> On Behalf of Albright, Stoddard, Warnick & Albright <![CDATA[What are the advantages of employment contracts?]]> https://www.albrightstoddard.com/?p=50048 2026-05-14T09:25:40Z 2026-05-15T09:25:01Z Employment contracts can provide many advantages for employers, helping to legally define the relationship between employer and employee. This is much different than using at-will employment, where there is no formal agreement in place. For instance, at-will employees have the option to quit at any time. They do not have to give notice. Employers may want to use a contract in order to mandate that advance notice has to be provided. This can help operations continue smoothly, even if an employee decides to move on.

Probationary work

In some cases, an employment contract can be used to set up a probationary period. A worker may be hired and told that they are on probation for the next six months, and if they get through this period successfully and pass a performance review, they will then have more stable, long-term employment.

Post-employment limitations

Additionally, employers can sometimes use contracts to create certain limitations once an employee decides to leave. An example could be stating that if the employee leaves to start a similar business, they are not allowed to use their professional contacts or work with any of the company’s existing customers. Nondisclosure agreements and noncompete agreements can be used to help protect the company’s business and intellectual property.

Drafting employment contracts

These are just a few of the many potential advantages to using employment contracts. For business owners who intend to do so, it is important to know exactly what steps to take to draft these contracts properly and ensure that they are legally binding. Disputes sometimes arise, and proper documentation can help find a resolution.   ]]>